tag:blogger.com,1999:blog-51214492011-04-21T17:38:55.865-07:00THE MANIFEST BORDERDaily blogging on U.S. immigration policy and laws. Blogging the latest immigration news. Blogging immigration decisions and opinions from both Article I and Article III courts.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comBlogger1651100tag:blogger.com,1999:blog-5121449.post-1056554164901496022003-06-25T08:16:00.000-07:002003-06-25T08:16:04.930-07:00THE NEW SITE CAN BE ACCESSED at manifestborder.com.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-1056553952310615552003-06-25T08:12:00.000-07:002003-06-25T08:18:45.513-07:00THE NEW SITE IS UP BUT I'M STILL ADJUSTING A FEW THINGS . . . I'll have to create an archive page and a non-Yahoo email account.
In the meantime, read the Ninth Circuit's opinion on another failed attempt to equate owing allegience -- in the process of naturalizing -- and nationality:
In light of the historical meaning of “national” and the text and context of 8 U.S.C. § 1101(a)(22), we hold Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-1056520669505846642003-06-24T22:57:00.000-07:002003-06-24T22:58:12.203-07:00WHEN THE PETITIONER DIES: In the event the petitioner dies before the beneficiary can be adjusted, ILW has a good article that discusses the humanitarian exception to automatic revocation here.
When read together with the BCIS memo elaborating on the 213A public charge issue, i.e., allowing a substitute sponsor, you pretty much have the information for dealing with a deceased petitioner case.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-1056373287526447722003-06-23T06:01:00.000-07:002003-06-23T06:01:27.593-07:00ALMOST OPEN: The new site, that is. TMB will relocate maybe today, definitely tomorrow. Be sure to point your browser to www.manifestborder.com.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-1055714251852943412003-06-15T14:57:00.000-07:002003-06-15T14:57:31.873-07:00ASLEEP AT THE WHEEL? Either that or it's a slow immigration news day at the Immigration Portal. It lists as a headline for June 16, 2003 "INS Proclaims Zero Tolerance Policy" and points to the March 22, 2002 memo here.
It'll be interesting to see if zero tolerance will continue under Director Aguirre's regime.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-1055705607602953642003-06-15T12:33:00.000-07:002003-06-15T14:34:43.380-07:00"DIRTY AND STINKY" HAIR BARRED FROM RESTAURANT: In an AP story reported in the Arizona Republic, accessed here, the owner of a popular St. Louis eatery didn't want dirty and stinky people in his restaurant:
Two black men, Brian Williams and Shelby Carter, were turned away from the restaurant by a doorman May 17 as they tried to join friends after a wedding and reception.
Restaurant officials Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-1055700739606222832003-06-15T11:12:00.000-07:002003-06-15T14:25:11.763-07:00MOVING UPTOWN! The Manifest Border will relocate to new newer and faster digs. Kevin J. Heller, IP attorney and blawgger at Tech Law Advisor brokered the move. Email will be shifting, so stay tuned.
I'm anticipating the housewarming to occur around Wednesday, June 18. The new address? Copy the link from here.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-1055695621879311352003-06-15T09:47:00.000-07:002003-06-15T09:47:01.940-07:00ANOTHER FORMER INS COMMISSIONER LETS LOOSE: In today's Washington Post, an article ran on James W. Ziglar, Sr. who headed the legacy INS when the events of 9/11 took place. Shortly thereafter, he weathered a barrage of criticism from Capitol Hill. He later retired in November 2003.
He spoke to a crowd of 900 at the first national membership conference of the American Civil Liberties Union in Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2004218452003-06-13T07:12:00.000-07:002003-06-13T07:12:17.983-07:00PROCEEDINGS INSTITUTED AGAINST SOMALI WAR CRIMINAL: From the Immigration Portal, a San Diego IJ court terminated the status of Abdi Ali Nur Mohamed and placed him under deportation. You can access the DHS press release here.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2004218242003-06-13T07:07:00.000-07:002003-06-13T07:08:13.000-07:00CUBAN POP STAR DEFECTS: Findlaw Immigration News reports Carlos Manuel Pruneda defected to the U.S. by walking over the bridge that connects Matamoros in Mexico to Brownsville, Texas. On Tuesday, U.S. officials granted Pruneda asylum. You can access more information on Pruneda's music here.
This case reflects the incoherent U.S. policy regarding asylum. The AP article writes that "[t]hough Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2004122572003-06-11T07:57:00.000-07:002003-06-11T08:07:52.000-07:00SEVENTH CIRCUIT WEIGHS IN ON CRIME OF VIOLENCE: The U.S. Court of Appeals for the Seventh Circuit added to the growing chorus of circuit unanimity on treating the conjunctive "and" as a disjunctive. In United States v. Vargas-Garnica, an illegal alien who reentered the U.S. after being convicted for statutory rape. Under the Sentencing Guidelines, the government contended that the statutory Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2004106812003-06-10T22:18:00.000-07:002003-06-10T22:21:34.000-07:00OVER THE WEEKEND, the NYT reported "More Than 13,000 May Face Deportation" -- all Arab and Muslim nonimmigrant men called in for Special Registration. I saw the program up close and personal and what struck me about it was that not one U.S. citizen or legal permanent resident was required to come in.
That is an important fact to remember. Only visitors registered. Just visitors. Does it Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2004101472003-06-10T19:09:00.000-07:002003-06-10T19:09:11.933-07:00INTERVIEW WITH DORIS MEISSNER: Newsweek's Malcolm Beith interviewed former INS Commissioner Doris Meissner to seek her comments concerning the recently released DOJ Inspector General review of September 11 detainees, accessed here (short press release HTML) and here (full report pdf).
Interesting read. I've been told that it was under her watch when applicants seeking benefits from the legacy Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2004100542003-06-10T18:37:00.000-07:002003-06-10T18:37:16.993-07:00PHOENIX SKY HARBOR AIRPORT HUB FOR SMUGGLED ALIENS: The Arizona Republic reported smugglers have cased out Sky Harbor International Airport, pegging it as "the nation's most popular transportation hub for smuggling undocumented immigrants throughout the United States."Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2004059872003-06-09T22:43:00.000-07:002003-06-10T07:10:11.000-07:00VOLUNTARY MANSLAUGHTER = CRIME OF VIOLENCE: The U.S. Court of Appeals for the Ninth Circuit quickly disposed appellant's argument in United States v. Bonilla-Montenegro:
[4] Bonilla posits that voluntary manslaughter is not a crime of violence under U.S.S.G. § 2L1.2(b)(1)(A) because § 2L1.2 requires a finding of specific intent, and the California crime of which he was convicted is only a Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2004059332003-06-09T22:23:00.000-07:002003-06-09T22:23:03.346-07:00SRI LANKAN VISA SCHEME DRAWS TO CLOSE: From the Immigration Portal, the Justice Department announced a
guilty plea from defendant Rajwant S. Virk:
Virk, 46, of Herndon, Virginia, is one of nine defendants charged as part of an ongoing visa fraud investigation. Virk has agreed to cooperate with the government’s continuing investigation. He faces a maximum penalty of five years in prison at Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2004058952003-06-09T22:10:00.000-07:002003-06-09T22:10:46.643-07:00THREE IMMIGRATION OFFICIALS CONVICTED for ignoring illegal immigrant's broken neck that resulted from a house raid. The immigrant eventually died from complications stemming from his injuries.
The next question, of course, is whether the decedent's family can sue the feds. TMB readers, send your answers!
Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2004057432003-06-09T21:27:00.000-07:002003-06-09T21:27:39.833-07:00IN A WASHINGTON TIMES EDITORIAL, calls for denaturalizing U.S. citizens involved in terrorism exposes the giant sieve:
The Salah and Sarsour cases point up a loophole in American immigration law: Once someone becomes a naturalized U.S. citizen, it is virtually impossible to deport them unless they commit fraud or misrepresent their background during the naturalization process. This is a dangerousRandyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003933952003-06-06T06:03:00.000-07:002003-06-10T18:14:32.000-07:00CAN YOU SPELL R-E-G-I-S-T-R-Y?: Ramon Saul Sanchez fled Cuba in 1967. Presumably, Sanchez has resided in Miami ever since then.
Earlier this week, the director of the anti-Castro group Democracy Movement appeared before immigration officials to apply for permanent residence. That's when he was arrested.
The AP article raises a few questions: if he was paroled into the country U.S., why was Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003875982003-06-05T00:09:00.000-07:002003-06-05T00:13:19.000-07:00LACK OF DOCUMENTARY EVIDENCE CANNOT BE SOLE BASIS TO REJECT APPLICATION: The U.S. Court of Appeals for the Ninth Circuit answered the question whether the inability to produce documents establishing continual presence proves fatal to an application suspending deportation. In Vera-Villegas v. INS, the court said "no" when there's credible written and oral testimony:
. . . We hold that this is Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003721522003-06-02T00:03:00.000-07:002003-06-02T00:03:11.436-07:00E-FILING AVAILABLE FOR EMPLOYMENT AUTHORIZATION AND REPLACMENT GREEN CARDS: On May 29, BCIS announced e-filing for EADs and replacement I-551s (Permanent Resident Cards). BCIS
introduces the program this way:
Customers have the option of filing BCIS Form I-90, Application to Replace Permanent Resident Card, and Form I-765, Application for Employment Authorization (along with Form G-28, Notice Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003717652003-06-01T20:34:00.000-07:002003-06-01T20:34:44.863-07:00I COULDN'T HAVE SAID IT BETTER MYSELF: From InformationWeek, an article on congressional debate over the H-1B and L-1 visas. Legislators have to tread a fine line between advancing the interests of American workers on the one hand, and pissing off the companies that would hire and keep them on the other. Here's the money quote from Rep. Mica (R-FL), the author of a bill to limit companies fromRandyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003711782003-06-01T16:06:00.000-07:002003-06-01T16:12:32.000-07:00SAUDI STUDENT ARREST CLAIMED "SUSPICIOUS" -- Volokh blogged the Saudi student arrest story and asked if what the student did was criminal:
Sami Omar Al-Hussayen, a Ph.D. computer science student at the University of Idaho, raised funds ($300,000 over five years) and provided computer services for the Islamic Assembly of North America. IANA sites apparently contained various pro-jihad and Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003693062003-05-31T23:39:00.000-07:002003-06-01T16:48:17.000-07:00"We don't like the sound of this one bit. In fact, it's downright scary."
So says Jeralyn Merritt of TalkLeft, a self-described non-neutral, liberal blog. What scares her? The idea of vigilantes conducting electronic surveillance along the Arizona border for "SBIs," short for suspected border intruders.
Merritt criticizes the operation. She even goes so far as attributing it to the Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003681762003-05-31T12:31:00.000-07:002003-05-31T17:02:19.000-07:00FACT-CHECKING, COMING UP: Worldnetdaily, "A Free Press For A Free People," purports to expose "government waste, fraud, corruption and abuse of power." That's fine with TMB but if Worldnetdaily is to do its job properly, it ought to expose the failings of the right agency:
Local authorities are catching then releasing illegal aliens despite the nation's increased terror alert status because Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003674752003-05-31T07:19:00.000-07:002003-05-31T08:19:14.000-07:00ALIEN'S REMOVAL DURING 30-DAYS FOLLOWING IJ'S DENIAL OF MOTION TO REOPEN does not trigger automatic stay: The U.S. Court of Appeals for the Third Circuit added Bejar v. Ashcroft to the well-settled law concerning removal during the time for which an appeal could be filed:
We are satisfied that the INS acted lawfully when it removed Bejar before her time to appeal had run. Under the governing Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003666652003-05-30T20:57:00.000-07:002003-05-30T20:57:26.253-07:00"Legal Residents Sue Over Green Card Delay" is the title of a Washington Post article. Lawyers from MALDEF filed a suit to force DHS and BCIS to issue the documents.
This really is laughable if it weren't sad. These plaintiffs appear to be so-called "judge grants" -- aliens who successfully sought relief after an inadmissibility issue during the initial I-485 pendancy resulted in denial of theRandyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003555282003-05-28T20:13:00.000-07:002003-05-28T20:27:52.000-07:00BEER IN HAND + SITTING IN THE CAR + KEYS IN IGNITION + suspended license = crime of moral turpitude? Not according to the U.S. Court of Appeals for the Ninth Circuit, where it decided in Hernandez-Martinez v. Ashcroft that drunk driving is morally turpitudinous and is distinguishable from physically controlling a vehicle while drinking:
[1] Under our precedents, as the Board has acknowledged in Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003553672003-05-28T19:12:00.000-07:002003-05-28T19:13:41.000-07:00PRESIDENT SUPPORTS 245(i):
Q: President Fox says that it is time again to discuss the immigration issue with the President, after 20 months from 9/11. What is the President's position on the future of the immigration accord? And second question, do you think it's fair for some members of the U.S. Congress to trade immigration versus the opening of the oil sector of Mexico to the U.S. investors?
Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003511522003-05-27T21:59:00.000-07:002003-05-27T21:59:20.410-07:00L-1s THREATEN TO SUPPLANT H-1Bs and ultimately, U.S. workers: The San Francisco Chronicle ran an article that explains why some think L-1 abuse is coming to a head:
Not even immigration attorneys who specialize in procuring work visas can agree.
Memphis immigration lawyer Gregory Siskind said, "It's largely inappropriate for companies to be using the L-1 to bring in workers that are being Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003506032003-05-27T19:04:00.000-07:002003-05-27T19:05:54.000-07:00SEARCHING FOR THE STATUS OF 245(i): After April 30, 2001, any alien who is out-of-status or made an illegal entry cannot adjust status. There was a provision, however, that provided the means for a category of out-of-status aliens to apply. Known as 245(i), it permitted certain applicants to apply to adjust status without leaving the U.S. Why? Because ordinarily, one need be in a lawful Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003429732003-05-26T19:40:00.000-07:002003-05-26T19:40:35.000-07:00WHAT'S CLOBBERING BLOGGER?: Lately, Blog*Spot is doing all it can to drive TMB to another host. My template has disappeared. The page loads excruciatingly slow, if at all. If I didn't dread having to learn how MT works, I'd be moving away from the Blogger tool as well. I'm getting the feeling that Blogger/Blog*Spot will go the way of AOL -- easy, huge, and popular, but clumsy and tiresome.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003389192003-05-25T10:17:00.000-07:002003-05-25T10:18:35.000-07:00MAN WITH MULTIPLE DATES OF BIRTH AND COUNTRIES OF ORIGEN seeks release from detention: The New York Daily News has this story of a mystery man arrested during post 9-11 sweeps.
He's been detained for over a year. He's claimed six birth places and 11 birth dates. Removing him presents a challenge for the government. As TMB readers know, aliens under deportation orders cannot be detained Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003388352003-05-25T09:37:00.000-07:002003-05-26T19:19:29.000-07:00FRENCH JOURNALISTS SENT PACKING: Matt Welch blogged about an incident occurring during the weekend of May 10 at the LA International Airport. Bureau of Customs and Border Protection inspectors denied entry to six French television journalists covering the Electronic Entertainment Exposition. It looked like the six journalists attempted to enter under the Visa Waiver Program rather complying Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003387562003-05-25T08:53:00.000-07:002003-05-25T09:00:26.000-07:00MEMORIAL DAY WEEKEND BOATERS HAVE 24 HOURS to report to the nearest immigration office. The Orlando Sentinel has the story here; the Naples Daily News reports it here; and the Tampa Tribune covers the story here. [ed: I've linked articles from three separate sites to reduce the odds of a 404 error.]
I took a look at the information the Bureau of Customs and Border Protection provides for Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003370462003-05-24T13:10:00.000-07:002003-05-24T13:10:18.066-07:00"Smuggling Survivors to Remain in Custody": Read the FindLaw story here. Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003365152003-05-24T08:58:00.000-07:002003-05-27T18:41:14.000-07:00"The Department has prevailed in every instance" -- concluded yesterday's DOJ media release. In what is the latest in a series of challenges to the DOJ's effort to reform how the BIA adjudicates immigration cases, the U.S. District Court for the District of Columbia decided that the DOJ did not violate the Administrative Procedures Act when it streamlined its procedures. In CAIR v. DOJ, here's Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003309252003-05-22T22:59:00.000-07:002003-05-23T07:10:45.000-07:00THWARTING REMOVAL TRIGGERS EXCEPTION TO 90-DAY DETENTION during the alien's removal period: The Court of Appeals for the Ninth Circuit denied a habeas petition when the alien stonewalled procedures to remove him:
It appears that we are the first Court of Appeals to confront the issue whether habeas relief is available when an alien’s indefinite detention hinges upon the provisions of § 1231(a)(1Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003308292003-05-22T22:16:00.000-07:002003-05-22T22:16:59.190-07:00CONGRESSMAN TANCREDO IS AT IT AGAIN: Via Eschaton, the readers of Atrios's popular left-of-center blog left several impassioned comments:
"The other day on C-SPAN Tancredo alleged that the Mexican government busses illegals up to the US border."
"Tancredo is highly disliked by Bush & Co. Karl Rove apparently told Tancredo to "never darken the door of the White House again" and is trying to find Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003306922003-05-22T21:18:00.000-07:002003-05-22T21:31:15.000-07:00RESIDING WHILE VEILED: Matthew Yglesias commented on a case in Florida:
So there's a Muslim woman in Florida who had her driver's license revoked since her face was covered in a veil in her photo. She's suing on freedom of religion and due process grounds. I can't help but wonder, however, about this:
Her attorney, Howard Marks, argued driving is a right and not a privilege, as the state claims,Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003306172003-05-22T20:44:00.000-07:002003-05-22T20:44:02.323-07:00ADJUSTING THROUGH MARRIAGE: Via About.com - Immigration Issues, well-known Los Angeles immigration attorney Carl Shusterman had this interesting exchange during an online chat:
Question #8: I got married with an American girl and 5 days before the interview, she just disappeared and not only she went away , but she also withdrew my petition , is there anything I can do? I already received a Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003218962003-05-21T07:36:00.000-07:002003-05-21T07:36:51.000-07:00ADVERSE CREDIBILITY FINDING BELONGS TO THE IJ: Yesterday, the Court of Appeals for the Ninth Circuit found that the BIA made the mistake of entering into the exclusive territory of the IJ -- resolving a credibility issue. It's apparently a no-no:
Because we conclude that the BIA violated Manimbao’s due process rights when it improperly resolved the issue of his credibility, we remand this Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003160752003-05-20T05:53:00.000-07:002003-05-20T05:53:45.900-07:00MORE ARRESTS IN DEATH TRAILER CASE: The LA Times has the story here.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003086132003-05-18T15:33:00.000-07:002003-05-19T23:52:24.000-07:00GOVERNMENT SUCCESSFULLY DENATZ'D CITIZEN CONVICTED OF NATURALIZATION FRAUD: On Monday, the Court of Appeals for the Ninth Circuit affirmed the district court's revocation of naturalization because it had jurisdiction to reopen the underlying criminal case of naturalization fraud and because the government did not violate due process. Under 8 USC 1451, the U.S. Attorney filed suit to revoke Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2003063062003-05-17T19:44:00.000-07:002003-05-17T19:44:42.453-07:00"TRAILER OF DEATH" PART OF AN ORGANIZED EFFORT to smuggle immigrant workers: In the Washington Times, the story of the ill-fated smuggling operation that ended at a South Texas truck stop has captured the interest of top Justice officials. It is reported that the AG "expressed his keen attention in the case."
Read the story here.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002951522003-05-15T07:18:00.000-07:002003-05-15T07:18:51.000-07:00"PARTICULAR SOCIAL GROUP" INCLUDES FORMER CHILD SOLDIERS: The Court of Appeals for the Third Circuit released an opinion that remands an asylum case to the BIA. Judge Sloviter concluded:
We will remand for reconsideration by the BIA the remainder of Lukwago’s claim for asylum based on a well-founded fear of persecution in the future by the LRA because we hold that the class of former child Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002937472003-05-14T22:58:00.000-07:002003-05-14T22:58:59.200-07:00THIS FOX NEWS CHANNEL STORY of victims of an apparent alien smuggling activity that ended at a South Texas truck stop can be read here.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002937252003-05-14T22:50:00.000-07:002003-05-14T23:12:55.000-07:00IF IT COULD SUPRESS ITS SUPPORT ANY LESS, it would be helping them: The Washington Post reports on the efforts of an Arizona-based vigilante group along the U.S.-Mexico border. It is testing an unmanned drone, outfitted with GPS to "pinpoint migrants." BCBP notices the work:
Mario Villarreal, spokesman for the Bureau of Customs and Border Protection in Washington, said: "We appreciate the Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002894252003-05-14T06:45:00.000-07:002003-05-14T06:45:57.300-07:00THE MOST COMPELLING REASON WHY IN-STATE TUITION for illegal immigrants is a bad idea: Mark Krikorian, executive director for the Center for Immigration Studies, sympathizes with the students but adds a parenthetical:
Krikorian, of the Center for Immigration Studies, said he sympathized with young students, many of whom were brought to America by their parents. But he insists that immigration Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002880772003-05-13T22:17:00.000-07:002003-05-14T23:14:26.000-07:00AUTISTIC SEVEN-YEAR OLD CROSSES BORDER and eludes heat sensors, video surveillance, and motion detectors: Via Ibidem, a DHS spokesperson looks into the incident.
In light of the unfortunate breach, we can be sure it won't happen again anytime soon. On May 19, security at the bridge will be at its highest possible level:
Temporary Closure of Pedestrian Walkway at the Whirlpool Rapids Bridge Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002836072003-05-13T06:13:00.000-07:002003-05-13T06:13:06.793-07:00"ONE CRIME" MEANS ONE "SUCH" CRIME: The BIA clarifies the petty offense exception in a precedent decision, which can be accessed here. Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002757232003-05-11T17:16:00.000-07:002003-05-12T05:39:15.000-07:00DOES THE ANSWER TO REPEALING 8 USC 1623 LIE IN THE STUDENT ADJUSTMENT ACT?: In the San Jose Mercury News, Jessie Mangaliman reports that a bill is in the House of Representatives that "would grant legal status to any child of undocumented immigrants who is pursuing a college education in the United States." This proposed change to immigration law is called the Student Adjustment Act. (H.R. 1684Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002751272003-05-11T13:52:00.000-07:002003-05-11T14:00:38.000-07:00NYC INDIAN RESTAURANT "PATRIOT RAID" COVERAGE: Instapundit's Glenn Reynolds displayed a little skepticism after reading an LA Times editorial recounting the plight of a U.S. citizen detained by local and federal officials while dining at an Indian restaurant in NYC. It reportedly went down like this: on March 20, the aggrieved person sat down with his roommate at an Indian restaurant in the Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002747222003-05-11T11:18:00.000-07:002003-05-11T11:57:57.000-07:00FAMILIES FILE A $42 MILLION LAWSUIT AGAINST the government for negligent actions relating to the May 2001 deaths of 14 men who crossed the Arizona desert while attempting to illegally enter:
The lawsuit contends that the immigrants' deaths could have been prevented if a humanitarian group had been allowed to install water stations in the desert. A month before the 14 crossers died, the group Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002745742003-05-11T10:15:00.000-07:002003-05-11T10:55:26.000-07:00IMMIGRATION NEWS WRAP-UP: The Washington Times reports here that "U.S. black leaders have failed to get African and Caribbean immigrants to think of themselves as 'black' and have created a rift among the groups." Stephen Dinan reports "House panel eases citizenship rules."
In the Miami Herald, John Rice has a piece purporting to link U.S. immigration policy and privatization of Pemex, Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002613932003-05-08T07:51:00.000-07:002003-05-08T07:51:51.000-07:00NO GREEN IN GREEN -- that is, in business immigration. Law.com reports that attorneys practicing business immigration may have a tough time ahead:
Even before 9/11, many business immigration lawyers were struggling. With the downturn in the economy came smaller caseloads, as American companies stopped recruiting droves of tech-savvy foreigners. Then came the national security crackdown, which Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002411232003-05-04T14:12:00.000-07:002003-05-04T14:12:07.670-07:00REMEMBER THE IRAQI LAWYER WHO TIPPED OFF US FORCES, leading them to Pfc. Jessica Lynch? He's now an asylee. He'll soon be employed, too. (Scroll to the WP article's penultimate sentence.)
UPDATE: More on the man behind the lobbying firm that hired Mohammed Odeh Rehaief.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002410332003-05-04T13:44:00.000-07:002003-05-04T13:44:20.973-07:00DOJ HAILS NSEERS A SUCCESS: In a recent briefing, the U.S. State Department gives a short overview of NSEERS and reports that the program snared 11 suspected terrorists and 108 convicted felons:
NSEERS consists of three components: Point-of-Entry (POE) Registration, Special Registration and Exist/Departure Controls. At POE registration, temporary visitors entering the country who are identified Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002409402003-05-04T13:11:00.000-07:002003-05-04T13:11:10.873-07:00SEC. RIDGE IDENTIFIES SUCCESSOR TO NSEERS or technology meets immigration:
Drawing heavily on developing technologies and scientific capabilities, the system will utilize a minimum of two biometric identifiers, such as photographs, fingerprints or iris scans, to build an electronic check in/check out system for people coming to the U.S. to work, study or visit. The U.S. VISIT system will replaceRandyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002375792003-05-03T09:43:00.000-07:002003-05-03T09:43:34.130-07:00I'M BACK . . .
There's a blog convention that says if the blog is to gather dust for a time, then the owner ought to tell everyone. Yes, I took the work-week off and didn't update TMB. And to make the sin even worse, I really didn't have a good reason. But you probably already knew that . . . .Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002136432003-04-28T19:16:00.000-07:002003-04-29T00:34:12.000-07:00NOW I'M SCRATCHING MY HEAD: The Miami Herald reports that State Department officials have no idea where the AG got his information:
Ashcroft made the claim in a ruling Wednesday that Haitians need to be detained while they seek asylum.
Among other reasons, Ashcroft cited national security concerns. A State Department declaration, he said, "asserts that it has `noticed an increase in third Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002097202003-04-28T06:02:00.000-07:002003-04-28T06:02:58.133-07:00REMEMBER WHEN IT LOOKED LIKE THE U.S. was piling on the Haitians? In today's LA Times, it reports that Bermuda is piling on the Haitians, too.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002034772003-04-26T09:58:00.000-07:002003-04-26T20:28:03.000-07:00BUT WHERE'S THE REST OF THE STORY?: In an article that tugs on the heartstrings, the DenverPost wrote about an illegal alien who was arrested, detained for 99 days without a charge, and later released:
In November 2000, Chacon-Corral began applying for permanent residency. His petition was approved in April 2001, so he filed the next step, including the payment of $1,245 in fees, which the INS Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2002031422003-04-26T08:01:00.000-07:002003-04-26T08:05:07.000-07:00WP IS ON A ROLL: The Washington Post reported three newsworthy immigration articles. In one, special registrants face a Catch-22. In the second, an immigration judge ordered the removal of a University of Idaho student linked to Islamic extremists. And in the last, immigration advocates decry the AG's recent ruling that denied bond to a Haitian refugee.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001986472003-04-25T07:55:00.000-07:002003-04-25T07:57:57.000-07:00MORE ON THE ATTORNEY GENERAL'S DECISION TO WITHHOLD BOND: Howard Bashman linked to a Washington Post article that reported the AG's decision to deny bond for a Haitian who evaded the Coast Guard and landed on Florida shores. Among the reasons for overturning the BIA was to stem the use of Haiti as a departure point for illegal entry into the United States:
The declarations submitted by INS Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001980122003-04-25T06:00:00.000-07:002003-04-25T06:59:49.000-07:00IN TODAY'S NEWSPAPERS: According to the LA Times, replacing a green card or an employment authorization card will be done digitally, in an article here. The Washington Post reports a Cuban visa backlog. And finally, the San Francisco Chronicle reported on Wednesday that Mexico will assist with border security in exchange for immigration reform.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001917662003-04-23T22:31:00.000-07:002003-04-23T22:44:31.000-07:00NEWS OF THE CURRENT SANTORUM AFFAIR GRIPS ME more than anything going on in immigration. That's not to say there's nothing newsworthy in immigration. There's the immigration counselor ripping-off vulnerable illegal aliens; there's the fear of more Cubans arriving at our shores; and then there's the 51st state that defends its lax border enforcement efforts. (Pointers via the Stein Report.)
AsRandyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001801762003-04-21T21:19:00.000-07:002003-04-21T21:36:48.000-07:00ANOTHER STATE IS ON TRACK TO ENACT A LAW to protect mail-order brides.
On the surface, laws requiring matchmaking companies to disclose background information on U.S. citizens using its services to foreign brides seem like a good idea. Hawaii and Washington, two states to consider such laws, are free to enact safeguards for its residents. It's interesting to note that these protective measuresRandyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001799072003-04-21T19:55:00.000-07:002003-04-21T19:55:25.663-07:00FOX NEWS REPORTS THE TENSION BETWEEN securing the borders on one hand and fueling an additional $300 million dollars to the coffers on the other.
Of course, this is no surprise to immigration practitioners on either side of the issue. The State Department, however, sees no dichotomy. Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001702082003-04-19T09:29:00.000-07:002003-04-19T10:41:24.000-07:00PHILADELPHIA IJ COURT DENATZ'D AND DEPORTED NAZI GUARD:
Theodor Szehinskyj, 79, deported from the United States because he had served as an armed SS guard of civilian prisoners at the Gross-Rosen, Sachsenhausen and Warsaw concentration camps from January 1943 until February 1945.
In a written decision, Judge Honeyman, quoting the district court, stated: "[T]he horror of the [concentration] Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001597832003-04-16T22:21:00.000-07:002003-04-16T22:30:03.000-07:00HERE'S THAT RARE INSTANCE WHEN ONE SOVEREIGN NATION DETERMINES AT WILL who among its citizens may or may not need passports when crossing the border of another sovereign nation.
Heh.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001597382003-04-16T22:05:00.000-07:002003-04-16T22:12:37.000-07:00I'M SURE HE HAS A LAST NAME YET EVEN a congressional resolution can't identify it:
Mr. FLAKE submitted the following resolution which was referred to the Committee on International Relations:
RESOLUTION
Commending Mohammed, an Iraqi lawyer, for his fearless and courageous actions in helping to save the life of an American solider.
Whereas the Iraqi lawyer known as Mohammed was born in Najaf, Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001594082003-04-16T20:24:00.000-07:002003-04-16T20:35:50.000-07:00THE STANFORD DAILY REPORTS on the current look by Congress concerning H-1B visas. The so-called "tech visa" was the center of attention on campus back in early March when posters appeared in student residences that warned "BEWARE! H-1B and L1 visa programs forcing Americans into unemployment."
I recently blogged about the topic and I'm not convinced that there has to be a zero-sum result when Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001540282003-04-15T21:22:00.000-07:002003-04-15T22:47:53.000-07:00WHAT DID THEY KNOW AND WHEN DID THEY KNOW IT?: That's the question the dissent asked in a case that analyzes an alien's right to due process. In an recent opinion by the U.S. Court of Appeals for the Ninth Circuit, it denied a petition to review a BIA decision relating to reopening a deportation proceeding.
The facts in Manjiyani v. INS are straightforward. A Seattle immigration court Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001442512003-04-14T06:47:00.000-07:002003-04-14T06:47:41.566-07:00BIZJJOURNALS.COM REPORTS the number of nonimmigrant temporary worker visas issued in 2002, H-1Bs, dropped from 331,206 in 2001 to 197,537 in 2002. What's not reported, however, is that many of the H-1Bs were double-counted, i.e., extensions were added to first issues and therefore inflating the number of issued H-1Bs.
Read the short report.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001415762003-04-13T14:30:00.000-07:002003-04-13T14:49:22.000-07:00IT'S SUNDAY AFTERNOON AT AUGUSTA, and I am of course watching on television the final round of the Masters. A Canadian, Mike Weir, tops the leaderboard. Watching the tape-delayed coverage of the second round on Friday over a few cold ones, I speculated with a fellow viewer what his (non)immigrant status is. I think he's competing on the PGA Tour on an O nonimmigrant classification with the Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001413152003-04-13T12:45:00.000-07:002003-04-13T12:51:47.000-07:00TAKE A LOOK AT GREGORY SISKIND'S overview of nonimmigrant visas. He wrote it for FindLaw and it quite nicely complements the quick references by the BCIS.
To the right, you'll find the link to Greg's overview titled "FindLaw's NI Visas."Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001381002003-04-12T11:37:00.000-07:002003-04-12T11:42:41.000-07:00HUGE NUMBERS OF IT JOBS REMAIN UNFILLED: Forbes.com ran an article titled "Immigration By Another Name" and U.S. companies face an information technology worker shortage:
In developed economies there is a large—and growing—gap between the demand for and supply of software engineers. In the U.S. alone, the Information Technology Association of America, an industry trade group, estimates that Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001379752003-04-12T10:53:00.000-07:002003-04-12T23:01:36.000-07:00IN NEWS FROM BAGHDAD, A CULINARY WINDFALL: Aside from the inevitable skewering of Iraqi caricatures (also here and here), one universally positive outcome of Operation Iraqi Freedom might be the export of interesting recipes from the region. Try to Submerge Yourself. This version of braised lamb, Hamad, looks delicious. And here's a list of Persian recipes.
Lest you think there's no common Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001378022003-04-12T09:51:00.000-07:002003-04-12T11:00:18.000-07:00IS THIS GUY RELATED TO BAGHDAD BOB?: A south asian-centered portal reports that a bill in Florida would cease footing the bill financial aid for certain nonimmigrant students:
Muslims groups have complained that the bill unfairly targets their community.
"What he's saying is if you're born in Libya or Syria you're more likely to be a terrorist than anyone else," said Hadia Mubarak, president Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001377212003-04-12T09:22:00.000-07:002003-04-12T09:28:32.000-07:00POINT AND COUNTERPOINT: On April 2, BICE Director Johnny Williams testified before the House Subcommittee on Immigration and Border Security. He reported on the status of SEVIS -- the Student and Exchange Visitor Information System.
In an article by the Arizona Republic, it gave its version on the status of SEVIS.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001202722003-04-09T06:36:00.000-07:002003-04-09T08:26:49.000-07:00THERE'S MORE ON THE "GREEN CARD SOLDIERS," as reported by USA Today and the NY Times (may require registration).
In other news, the notices-to-appear are flying and the IJs are busy.
Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001181632003-04-08T18:45:00.000-07:002003-04-08T18:45:14.060-07:00BY THE COMPANY YOU KEEP: Based on this collection of links, I suppose readers can check what someone else thinks might interest me, and in turn, what might interest readers of this blog.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001149612003-04-08T08:02:00.000-07:002003-04-08T08:06:43.000-07:00SECOND CIRCUIT DECLINES TO READ RELIEF INTO LAW: In an opinion released yesterday, the U.S. Court of Appeals for the Second Circuit upheld a BIA decision on the 10-year bar:
Congress expressly relieved certain “short term” aliens of the re-admission bar. It omitted any such exception from Subpart II. This omission is not the product of inadvertence or oversight. When construing statutes, we lookRandyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001071912003-04-07T05:20:00.000-07:002003-04-09T17:25:05.000-07:00U.S. CITIZEN, MARINE LANCE CPL GUTIERREZ: The Washington Post reports in an article today that the BCIS granted posthumous U.S. citizenship to Lance Cpl. Gutierrez.
Lance Cpl. Gutierrez, you may recall, was one of the first Marines to die at the outbreak of Operation Iraqi Freedom. Unless he had a citizenship application was pending, I speculate a private bill or a posthumous request delivered Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001053732003-04-06T13:06:00.000-07:002003-04-06T13:14:00.000-07:00CARE TO GUESS?: The Executive Office for Immigration Review, through the Office of Planning and Analysis, publishes asylum statistics dating from 1997. In 2002, our neigbor to the south, Mexico, and the world most populous communist country, the People's Republic of China, boasted the most numerous asylum applicants. At 14,887 and 11,043, respectively, asylum applications from these two Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001052832003-04-06T12:38:00.000-07:002003-04-06T12:56:11.000-07:00NEW GPO ACCESS PAGE: Just test drove the U.S. Government Printing Office's new website. I did a Federal Register search for the 2003 Poverty Guidelines and I found the new scheme much more intuitive and friendly.
(Link via LawSites.)
UPDATE: For 2003 Poverty Guidelines relating to Affidavit of Supports, use the BCIS-adjusted version.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001050952003-04-06T11:30:00.000-07:002003-04-06T11:35:35.000-07:00IT'S GOOD TO HAVE A BASIS: Yesterday I claimed to operate from a "plain language" starting point. I've yet to fully articulate it, but it has to do in part to all that "normative" and "descriptive" business my immigration law professor expounded.
After researching something else, I came across a VC post, by Orin Kerr, that reports the exchange between Justices Scalia and Breyer in a bankruptcy Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001049022003-04-06T10:24:00.000-07:002003-04-06T11:44:11.000-07:00MD. READY TO MAKE IN-STATE TUITION OFFICIAL: Today's Washington Post reports that the Maryland General Assembly passed a measure to allow in-state tuition for illegal immigrants. The cost of the measure could reach $1.6 million per year.
Read the article here.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001033542003-04-05T19:44:00.000-08:002003-04-05T19:50:13.000-08:00SENATOR PAVES WAY FOR GULF VET U.S. CITIZENSHIP: The LA Times reports Senator Boxer (D-CA) co-sponsored a bill to ease procedures for Gulf War II legal permanent residents seeking citizenship. The bill would waive filing fees for members of the armed forces.
Near the end of the article, the LA Times reported that another non-citizen Marine was killed in action. So far, there approximately Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001018752003-04-05T10:16:00.000-08:002003-04-05T10:20:56.000-08:00ONE WORD MAKES A DIFFERENCE, REDUX: The LitiGator has more to say on the difference one word makes. As a one who operates from a "plain language" starting point, I found the article makes a case, in rare instances, for handling seemingly unambiguous statutes. It's a good read.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001017482003-04-05T10:00:00.000-08:002003-04-05T10:04:29.000-08:00TO READ WHAT'S NOT THERE: Litigation units handle aggravated felonies and those who commit them, "ag fels," according to what the U.S. Court of Appeals for that circuit has pronounced. Yesterday, I blogged -- see my post below -- on how the Seventh Circuit defined "crime of violence" for the purpose of sentence enhancement in the case of an alien who illegally reentered the U.S. It its opinionRandyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001002332003-04-04T19:53:00.000-08:002003-04-04T20:01:56.000-08:00"CRIME OF VIOLENCE" DEFINITION TURNS ON THE MEANING OF ONE WORD: Yesterday a per curiam opinion from the U.S. Court of Appeals for the Seventh Circuit affirmed a lower court's construction of a crime of violence:
This appeal asks us to decide whether a prior conviction for domestic battery qualifies as a “crime of violence” under recently amended U.S.S.G. § 2L1.2, which applies to illegal Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2001001652003-04-04T19:25:00.000-08:002003-04-04T19:30:54.000-08:00IRAQI LAWYER -- FUTURE U.S. CITIZEN?: Over at OxBlog, Josh Chafetz proposes U.S. citizenship for the Iraqi lawyer who tipped off U.S. forces which led to Pfc. Lynch's remarkable rescue.
Before all the naturalization adjudicators at the BCIS shout $%@#, rest easy. Notwithstanding INA section 300 et seq, Congress can exercise, and has exercised, its plenary power over immigration and citizenshipRandyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2000962562003-04-04T05:17:00.000-08:002003-04-04T20:03:56.000-08:00IMMIGRANT SULLIVANS: Three immigrant brothers are all in the Navy, each on a separate ship, in the Persian Gulf. The LA Times has their story here. Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2000944192003-04-03T18:12:00.000-08:002003-04-03T18:12:24.196-08:00ASYLUM THEN, ASYLUM NOW: Today's Christian Science Monitor ran a story where the gist is found at the middle of the article. It ties the relative ease of granting an asylee's application to current U.S. policy. During the Cold War, asylees from communist countries enjoyed a higher approval rate. Asylees from African countries, on the other hand, didn't fare as well.
Today, asylees from Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2000943312003-04-03T17:46:00.000-08:002003-04-03T17:51:29.000-08:00BRILLIANT PEOPLE, BRILLIANT SOLUTIONS: As usual, Eugene makes a great point.
. . . [A] huge number of the scientists working on the Manhattan Project were immigrants, many from enemy nations. Einstein (who didn't work on the Project but whose letter to Roosevelt helped prompt the American nuclear program), Teller, and irrational were the obvious names, but there were many others, too.
(Emphasis Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2000772022003-04-01T05:00:00.000-08:002003-04-01T05:04:18.000-08:00FOURTH CIRCUIT OKs AIRPORT SWEEP: The Virginian-Pilot reported in a story here that the Fourth Circuit reinstated the arrests of two former airport employees. "Operation Plane View" intended to flush out criminals and immigration violators.
Read the Fourth Circuit opinion here.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2000771672003-03-31T23:09:00.000-08:002003-03-31T23:17:33.000-08:00VIRGINIA MAKES IT OFFICIAL: Tomorrow's Washington Post will run a story titled "Immigrants Face A Tale of 2 States."
It's interesting that two neighboring states bordering the Chesapeake Bay take opposite approaches to illegal immigrants.
For background, read what I blogged here.Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.comtag:blogger.com,1999:blog-5121449.post-2000695822003-03-30T13:25:00.000-08:002003-03-30T19:12:29.000-08:00Naked ProtectionismI've resisted the temptation to fact-check the more vocal advocates of immigration limits policy. This time, I won't.
The loudest voice belongs to Rep. Tancredo (R-CO). He chairs the House Immigration Reform Caucus which favors, among other things, efforts to extinguish remnants of 245(i) and legislation to deny U.S. citizenship to illegal aliens. His statements are nothing but naked Randyhttp://www.blogger.com/profile/18412689849736244092noreply@blogger.com